University of KwaZulu-Natal Public Law lecturer Dr Suhayfa Bhamjee says the misconduct allegations brought by former National Director of Public Prosecutions (NDPP) Advocate Shamila Batohi against South Gauteng Director of Public Prosecutions (DPP) Andrew Chauke collapsed after Batohi declined to complete her testimony.
Bhamjee’s comments follow the findings of an inquiry, chaired by retired Constitutional Court Justice Bess Nkabinde, into Chauke’s fitness to hold office. The inquiry cleared Chauke of all the allegations levelled against him by Batohi.
Among the allegations, Chauke was accused of misconduct relating to the prosecution of the Cato Manor unit and his decision not to prosecute former Crime Intelligence head Richard Mdluli on murder charges.
Speaking to YOU FM Newshour, Bhamjee said Batohi’s decision not to complete her testimony left the inquiry unable to substantiate the allegations against Chauke.
“I think, as members of the public, even without a law degree, you would have predicted this outcome and wondered why, if you are the complainant in the matter, you would choose not to testify and tell your side of the story.
“Again, without any legal training, simply looking at the matter from the outside, you can see how catastrophic that could be. Very early in the proceedings, that became the central concern,” said Dr Bhamjee.
However, Bhamjee cautioned against drawing definitive conclusions before the full Nkabinde Inquiry report is made public.
“We have not yet had sight of the Nkabinde Inquiry report itself. We would like to see it so that the commentary we are making is better informed and not based solely on what we have seen unfold over the past few months or on the two-page letter that President Cyril Ramaphosa sent to Andrew Chauke. It would be very beneficial if that report were made available to the public,” he added.
In a letter to Chauke, President Cyril Ramaphosa thanked him for cooperating with the inquiry throughout its investigations.
“I trust that the finalisation of this matter will enable you to continue discharging your constitutional and statutory responsibilities with dedication and integrity in service of the National Prosecuting Authority and the people of South Africa,” the letter reads.
